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Independent National Security Legislation Monitor Amendment Bill 2021

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2019-2020-2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Independent National Security Legislation Monitor Amendment Bill 2021

 

 

(1)     Schedule 1, page 3 (after line 23), after item 5, insert:

5A  Section 9

Before “When”, insert “(1)”.

5B  At the end of section 9

Add:

             (2)  Subsection (1) does not apply to the Independent National Security Legislation Monitor’s performance of his or her functions under sections 29A (special report) or 29B (statutory review report).

[emphasis to be given to legislation]

(2)     Schedule 1, page 3 (before line 24), before item 6, insert:

5C  Subsection 11(1)

After “part-time”, insert “or full-time”.

5D  After section 11

Insert:

11A   Obligation to fill vacancy as soon as practicable

                   As soon as practicable after the office of Independent National Security Legislation Monitor becomes vacant, a Monitor or acting Monitor must be appointed under section 11 or 20.

5E  Section 14

Repeal the section, substitute:

14   Leave of absence

             (1)  A full-time Independent National Security Legislation Monitor has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Attorney-General may grant leave of absence, other than recreation leave, to a full-time Independent National Security Legislation Monitor on the terms and conditions as to remuneration or otherwise that the Governor-General determines in writing.

             (3)  The Attorney-General may grant leave of absence to a part-time Independent National Security Legislation Monitor on the terms and conditions that the Governor-General determines in writing.

5F  Section 15

Repeal the section, substitute:

15   Outside employment

             (1)  A full-time Independent National Security Legislation Monitor must not engage in paid employment outside the duties of his or her office without the Attorney-General’s written consent.

             (2)  A part-time Independent National Security Legislation Monitor must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties without the Attorney-General’s written consent.

5G  After paragraph 19(2)(b)

Insert:

                   (ba)  if the Monitor is appointed on a full-time basis—the Monitor engages, except with the Attorney-General’s written consent, in paid employment outside the duties of his or her office;

5H  Paragraph 19(2)(c)

After “if the Monitor”, insert “is appointed on a part-time basis—the Monitor”.

5J  After paragraph 19(2)(c)

Insert:

                    (ca)  if the Monitor is appointed on a full-time basis—the Monitor is absent, except on leave of absence granted under subsection 14(2), for 14 consecutive days or for 28 days in any 12 months; or

5K  Paragraph 19(2)(d)

Repeal the paragraph, substitute:

                     (d)  if the Monitor is appointed on a part-time basis—the Monitor is absent, except on leave of absence granted under subsection 14(3), for 7 consecutive days or for 14 days in any 12 months.

[appointment]

(3)     Schedule 1, page 4 (after line 3), after item 7, insert:

7AA  Subsection 29(5)

Omit all the words after “paragraph (b)”, substitute:

                   to be presented to each House of the Parliament within the earlier of:

                     (c)  15 sitting days of that House after the day on which he or she receives the report; or

                     (d)  30 days after the day on which he or she receives the report.

[reporting]

(4)     Schedule 1, item 8, page 4 (lines 32 to 34), omit all the words from and including “to be presented” to and including “report”, substitute:

                   to be presented to each House of the Parliament within the earlier of:

                     (c)  15 sitting days of that House after the day on which he or she receives the report; or

                     (d)  30 days after the day on which he or she receives the report.

[reporting]

(5)     Schedule 1, item 8, page 5 (lines 23 to 25), omit all the words from and including “to be presented” to and including “report”, substitute:

                   to be presented to each House of the Parliament within the earlier of:

                     (c)  15 sitting days of that House after the day on which he or she receives the report; or

                     (d)  30 days after the day on which he or she receives the report.

[reporting]

(6)     Schedule 1, page 5 (after line 25), after item 8, insert:

9A  Subsection 30(6)

Omit all the words after “paragraph (b)”, substitute:

                   to be presented to each House of the Parliament within the earlier of:

                     (c)  15 sitting days of that House after the day on which he or she receives the report; or

                     (d)  30 days after the day on which he or she receives the report.

[reporting]

(7)     Schedule 1, item 12, page 6 (after line 29), at the end of section 33, add:

             (3)  A person referred to in subsection (1) may only assist the Independent National Security Legislation Monitor with the written consent of the Monitor, and the Monitor may, in writing, withdraw such consent at any time.

[staff]